Constitution (2004)

REFERENDUMS HELD ON EUROPEAN MATTERS: 1

1994: EU - Accession (Yes 67 % - No 33 % - Turnout 82 %)

CONSTITUTIONAL CONDITIONS - Constitution of Austria

Binding referendum provided if total revision or partial revision effected. Otherwise binding referendum requires implementation by constitutional amendment. Public opinion poll expressly provided.

ARTICLES ABOUT INTERNATIONAL TREATIES, REFERENDUM AND CONSTITUTIONAL AMENDMENTS

Regulation about a special transfer of sovereignty to EU :
Transfer concerning the Common Defence Policy and an integration of the WEU into the EU has to be approved by a majority of 2/3 of both chambers by presence of at least 1/2 of their members, Art. 23f I, 44 I, II ConstAustria.

Approval of transfer of sovereignty without effect of constitutional amendment:
Majority of votes from parliament, from senate only if its competencies concerned (a notice of opposition given by the senate can be outvoted by the parliament with a majority of votes by presence of at least 1/2 of its members), Art. 50, 42 ConstAustria.

Approval of transfer of sovereignty with effect of constitutional amendment:
Majority of 2/3 of votes from parliament by presence of at least 1/2 of its members, also from senate required if its competencies concerned, Art. 50 I, III, 44 I, II ConstAustria.

Approval of constitutional amendment:
Majority of 2/3 from parliament by presence of at least 1/2 of its members, Art. 42 I ConstAustria, also from senate if its competencies concerned, Art. 44 II ConstAustria. A partial revision additionally by Referendum if demanded by 1/3 of the members from one of the chambers, Art. 44 III ConstAustria. An over-all revision of the constitution additionally by mandatory Referendum, Art. 44 III ConstAustria.

Other constitutional regulations about referendums:
Public opinion poll can be held, Art. 41, 49b ConstAustria.

RATING AND DEBATE

Decided

In Austria a broad political consent for a referendum dominated in the oppositional parties, the People's Party, the Freedom Party, which had promoted the idea of celebrating a referendum at the national level. However Chancelor Schüssel was only in favour of a referendum if it would be held in all countries concerned.
Austria's particular concern had been the country's neutrality, and how that may be affected by the suggestion of mutual defence. However it was widely expected that the Constitution would get the support it needs for ratification. Austrian President Heinz Fischer warned that national concerns could overshadow the referendum on the Constitution and sink the project. A vote was necessary because the Constitution was important for all EU citizens, said Fischer, but he warned: "I have grave reservations about holding a vote that can turn into a national referendum."
Chancellor Wolfgang Schuessel said variously he regretted that the Constitution was not being put to a pan-European referendum in all 25 EU member states. In an interview with Le Monde on 16.03.2005, Wolfgang Schüssel, said, "The EU Constitution is for me like a second Treaty of State. That’s why the Parliament voted unanimously the law allowing its ratification, which will be unanimous as well, I hope".
Austrian extreme-right party leader Jorg Haider said on 09.05.05 the Constitution would fundamentally modify the Austrian constitution and therefore should be put to a referendum, similar to the one which approved Austria's entry into the European Union in 1994. He said furthermore he would take the case to the Austrian constitutional court.
On 11.05.2005 Austria's lower house of parliament ratified the EU constitution in a near-unanimous vote, just one MP in the 183-member chamber voted against.
The Bundesrat ratified the Constitution on 25 May, only three members voted against ratification, all of them were members of the far right, while 59 approved the text.

More background information...

Eurobarometer (2006), The Future of Europe - Results for Austria, Special Eurobarometer 251, Fieldwork: 23/02 – 15/03 2006. (PDF)

Eurobarometer report, (February 2004): 68% rather agree, 23% rather disagree*

*Are you rather agree or rather disagree with the statement: The European Union must adopt a Constitution.

Eurobarometer report, (January 2005): 44% favourable, 25% opposed*

*Based on what you know, would you say that you are in favour of or opposed to the draft European Constitution?

Eurobarometer report, (July 2005): 47% favourable, 34% opposed*

*Based on the question, are you for or against a constitution for the European Union?

Latest News

16.08.2005 Austrian leader suggests re-run of EU constitution polls. EUobserver.com

14.06.2005 Austrian president signs off ratification of EU constitution. EUbusiness.com

01.06.2006 Austria moots Europe-wide referendum. EUobserver.com

25.05.2005 Austria becomes eighth country to ratify EU constitution. EUbusienss.com

11.05.2005 Austrian assembly approves EU constitution treaty. EUbusiness.com

09.05.2005 Haider to challenge Austrian government's refusal of vote on EU constitution. EUbusiness.com

02.03.2005 Austrian parliament to vote on EU constitution in May. EUbusiness.com

29.08.2005 Austrian president warns national issues could mar votes on EU constitution. EUbusiness.com

23.04.2004 Germany and Austria moot Europe-wide constitution referendum EUobserver.com

PROCEDURE

vote in the national parliament

STATE OF THE PROCEDURE

The Nationalrat (lower house) has ratified the Constitution on 11.05.2005. (182 Yes, 1 No)

The Bundesrat has ratified the Constitution on 25.05.2005. (59 Yes, 3 No)

Finally on 14.06.2005 President Heinz Fischer signed the Federal Constitutional Law on the ratification of the Treaty establishing a Constitution for Europe completing the ratification of the Constitution by Austria.

DATE OF REFERENDUM

Nationalrat (lower house): 11 May 2005

Bundesrat (upper house): 25 May 2005

RELEVANT DOCUMENTS AND MATERIAL

Bundesrat, Protocol of the debate regarding the ratification of the Constitution, 25.05.2005. (HTML)

Nationalrat, Protocol of the parliamentarian debate regarding the ratification of the Constitution, 11.05.2005. (HTML)

Link: Austrian legislative process concerning the federal constitutional law regarding the ratification of the European Constitution, (German), (HTML).

Speech of Chancellor Wolfgang Schuessel to the Austrian Nationalrat regarding the European Constitution, 02.03.2005, (German), (HTML)

Report of the Constitutional Comitee concerning the Federal Constitutional Law on the ratification of the Treaty establishing a Constitution for Europe, 02.03.2005, German (HTML)

The Federal Trust, EU Constitution Newsletter, September 2004, with country reports on Austria and France.

Forum Parlament, Schwerpunktthema: Parlament und EU, Nr. 1/2004, (PDF)

Forum Parlament, Schwerpunktthema: Österreich-Konvent, Nr. 2/2003, (PDF)

Forum Parlament, Schwerpunktthema: EU-Konvent, Nr. 0/2002, (PDF)